Illinois Iron & Bolt Co.

National Labor Relations Board - Board Decisions

Mar 11, 1942

39 N.L.R.B. 678 (N.L.R.B. 1942)

In the Matter Of ILLINOIS IRON & BOLT COMPANY and METAL TRADES
DEPARTMENT OF THE A. F. OF L.
Case No. R-3542.-Decided March 11, 1942
Jurisdiction : iron and metal products manufacturing industry.
Investigation and Certification of Representatives : existence of question: refusal
of Company to accord union recognition until certified by the Board; election
necessary.
Unit Appropriate for Collective Bargaining : all factory employees excluding
office -employees, company executives, shop clerks, foremen and assistant
foremen, and all others in supervisory positions or in confidential relations
with the management; no controversy as to. i
Fyffe c€ Clarke, by Mr. John Harrington, of Chicago, Ill., and Mr.
G. R. Beverly, of Elgin, Ill., for the Company.
Mr. A. J. Eberhardy, of Chicago, Ill., and Mr. J. W. Ramsey, of
Rockford, Ill., for the Union.
Mr. H. G. Moorhead Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On January 21, 1942, the Metal Trades Department of the American
Federation of Labor, herein called the Union, filed with the Regional
Director for the Thirteenth Region (Chicago, Illinois) a petition alleg-
ing that a question affecting commerce had arisen concerning the
representation of employees of Illinois Iron & Bolt Company, Car-
pentersville, Illinois, herein called the Company, and requesting an
investigation and certification of representatives pursuant to Section
9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called
the Act. On February 4, 1942, the National Labor Relations Board,
herein called the Board, acting pursuant to Section 9 (c) of the Act
and Article III, Section 3, of National Labor Relations Board Rules
and Regulations-Series 2, as amended, ordered an investigation and
authorized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice.
39 N. L. R. B., No. 129.
678
ILLYNOIIS rR'ON & BOIJP COMPANY 679
On February 7, 1942, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company and the
Union. Pursuant to notice, a hearing was held on February 13, 1942,
at Elgin, Illinois, before-William J. Isaacson, the Trial Examiner
duly designated by the Chief Trial Examiner. The Company and
the Union were represented and participated in the hearing. Full
opportunity to be heard, to examine and cross-examine the witnesses,
and to introduce evidence bearing on the issues was afforded all parties.
During the course of the hearing the Trial Examiner made rulings
on the admission of evidence. The Board has reviewed the rulings
of the Trial Examiner and finds that no prejudicial errors were com-
mitted. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Illinois Iron & Bolt Company is an Illinois corporation engaged in
the business of manufacturing iron and metal products in Carpenters-
ville, Illinois. During the 12 months' period prior to February 13,
1942, it paid an amount in excess of $200,000. for raw materials, more
than 50 percent of which were imported from points outside Illinois;
in the same period it sold its manufactured products for an amount
in excess of $500,000, selling more than 50 percent of them for ship-
ment to points outside Illinois. The Company enjoys priority ratings
for its material; it manufactures farm implements and repair parts
and also makes castings and parts that go direct to the Army and
Navy; more than 50 percent of its business is classified as defense
and semi-defense.
II. THE ORGANIZATION INVOLVED
The Metal Trades Department of the American Federation of
Labor is a labor organization. In this proceeding it includes the
International Moulders and Foundry Workers Union; International
Association of Machinists; International Brotherhood of Firemen and
Oilers; Metal Polishers, Platers, Buffers and Helpers International
Union; International Brotherhood of Blacksmiths, Drop Forgers and
Helpers. These are also labor organizations, admitting to member-
ship employees of Illinois Iron and Bolt Company. -
III. THE QUESTION CONCERNING REPRESENTATION
The Company refused to recognize the Union as exclusive bargain-
ing agent until an election has been held and the Union has been
680 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
certified by the Board. The Union has submitted to the Regional
Director evidence showing that it represents a substantial number of
employees in the unit hereinafter found appropriate.'
We find that a question has arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION
UPON COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in,Section I above, has a' close, intimate, and substantial
relation to trade, traffic, and' commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
i
V. THE APPROPRIATE UNIT
The unit proposed by the Union is not opposed by the Company,
and, in accordance with the Union's proposal, we find that all factory
employees excluding office employees, company executives, shop
clerks, foremen and assistant foremen, and all others in supervisory
positions or in confidential relations with the management 2 con-
stitute a unit appropriate for the purposes of collective bargaining.
We further find that said unit will insure to employees of the Company
the full benefit of their right to self-organization and to collective
bargaining and otherwise will effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by the holding of an election by secret
ballot. We shall direct that the employees of the Company eligible
to vote in the election shall be those in the appropriate unit who were
employed during the pay-roll period immediately preceding the date
of the Direction of Election herein, subject to the limitations and
additions set forth in the Direction.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following:
I The Regional Director reported that the Union presented 134 cards which bore the apparently genuine
signatures of different employees whose names appeared on a current Company pay roll. At the hearing
the Union exhibited to the Trial Examiner similar cards for 2 additional employees on the pay roll. The
Union 's petition discloses that there are approximately 285 employees in the unit hereinafter found
appropriate
2 The employees who are to be excluded from the unit because they are in confidential relations with the
management are those whose confidential relation pertains to labor or employment policy or information
ILLINOIS M''ON & BOLT COMPANY 681
CONCLUSIONS OF LAW,
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Illinois Iron & Bolt Company, Carpenters-
ville, Illinois, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the National Labor Relations Act.
2. All factory employees excluding office employees, company
executives, shop clerks, foremen and assistant foremen, and all others
in supervisory positions or in confidential relations with the manage-
ment constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the National
Labor- Relations Act.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the
Board to ascertain representatives for the purposes of collective
bargaining with Illinois Iron & Bolt Company, Carpentersville, Illi-
nois, an election by secret ballot shall be conducted as early as possible,
but not later than thirty (30) days from the date of this Direction,
under the direction and supervision of the Regional Director for the
Thirteenth Region, acting in this matter as agent for the National
Labor Relations Board and subject to Article III, Section 9, of said
Rules and Regulations, among all factory employees who were
employed during the pay-roll period immediately preceding the date
of this Direction, including employees who did not work during such
pay-roll period because they were ill or on vacation or in the active
military service or training of the United States, or temporarily
laid off, but excluding office employees, company executives, shop
clerks, foremen and assistant foremen, and all others in supervisory
positions or in confidential relations with the management, and em-
ployees who have since quit or been discharged for cause, to determine
whether or not they desire to be represented by the Metal Trades
Department of the American Federation- of Labor, for the purposes
of collective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.